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(영문) 부산지방법원 2018.03.21 2017구단21146
장해등급결정처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 16, 2016, the Plaintiff received medical care until August 1, 2017 after obtaining approval from an occupational accident on the part of the Plaintiff, for an accident where the left hand is connected with the press machine. The Plaintiff received the injury of “the left part of the water department, the 3 through 5 balance of the water department, the 3 through 5 balance of the left part, and the structural frame and cutting of the 2 through 5 balance of the water department.”

B. On August 2, 2017, the Plaintiff filed a claim for disability benefits with the Defendant, and on September 11, 2017, the Defendant determined the Plaintiff’s disability grade 8 on the ground that the Plaintiff’s disability status falls under class 9 (a person who loses two fingers other than one fingers and second fingers) and class 10 (a person who has lost two fingers including two fingers) of class 10 under the Enforcement Decree of the Industrial Accident Compensation Insurance Act (a person who has become unable to properly use two fingers), and Article 53(2) of the Enforcement Decree of the above Act, the disability grade should be adjusted upward by one, as prescribed in Article 53(2) of the above Enforcement Decree, but the Plaintiff’s disability status falls under the case where the Plaintiff’s disability status falls under the case where the degree of disability of class 8 subparag. 4 of class 6, including second fingers as set forth in the Enforcement Decree of the above Enforcement Decree of the Industrial Accident Compensation Insurance Act.

(hereinafter “Disposition in this case”). / [Ground of recognition] The facts without dispute, Gap’s evidence Nos. 1, 2, 4, and 11, Eul’s evidence No. 1, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s claim falls under class 7 of the disability grade stipulated in the Enforcement Decree of the Industrial Accident Compensation Insurance Act because the scope of exercise on the part of the Plaintiff’s port hand hand hand hand hand hand over falls under not more than 1/2 of the normal hand hand hand hand over 40 degrees (80 degrees) and thus, the Plaintiff’s disability grade is determined as class 8 even though it falls under class 7 of the disability grade stipulated in the Enforcement Decree of the Industrial Accident Compensation Insurance Act because the Plaintiff’s claim falls under a person who failed to properly use five hand hand hand hand hand over including the left hand hand hand hand hand over.

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